The deputy head of the EU delegation, Arnout Pauwels, said that the EU is closely monitoring the issue of four caretakers--three acting ministers and the acting chairman of the Central Bank of Afghanistan.
He said that Afghan law did not "foresee" such a situation regarding the continuation of work by nominees who fail to secure a vote of confidence from the parliament.
“The laws in Afghanistan do not foresee the situation where a minister that is not confirmed in the parliament continues. The EU is a supporter of institutions and the rule of law, but this is an issue where we see, I would say, internal politics back and forth between a government and parliament and we are observing this political dynamic,” said Pauwels.
However, members of the Afghan parliament and legal experts have said that the continuation of the caretakers' jobs is against the Constitution of Afghanistan.
Earlier in December, Lawmakers in Afghanistan’s house of representatives rejected ministerial nominees--for the Ministry of Education and Rural Rehabilitation and Development, Minister of Information and Culture as well as the head of the Central Bank.
MPs said that, based on the law, the government can’t pick those rejected by the parliament to work as "caretakers" or as acting ministers or acting officials.
“The Constitution does not allow caretakers to work in the ministries,” said Abdullah Shafayee, a member of parliament.
“This is against the law, this indicates the government's violation of the law,” said Rohullah Sakhizada, a legal expert in Kabul.
“They (rejected officials) are not allowed to continue their jobs for a moment,” said MP Ghulam Hussain Naseri.
“The continuation of this situation could create a confrontation between the legislative and executive bodies,” said MP Mohammad Reza Khoshak.